May 18, 2010

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Times Square bombing suspect Faisal Shahzad will be taken before a federal magistrate in Manhattan this afternoon for an unusually-delayed initial court appearance, according to a statement from the U.S. Attorney Preet Bharara.

Shahzad was arrested late at night on Monday, May 3, two days after the attempted car bombing in Times Square. Law enforcement officials and Sen. Dianne Feinstein (D-Calif.) said Shahzad waived his right to be taken promptly before a judge and that he was providing useful intelligence.

However, several defense lawyers have said officials were pushing the legal envelope by not taking Shahzad into court. Under federal law, any confession a suspect makes more than six hours after arrest is presumptively coerced.

The Obama Administration recently floated the idea of changing the law to allow for delayed "presentment" of terrorism suspects. In an appearance Sunday on ABC, former White House Counsel Greg Craig said such a proposal would be difficult to pass if the permitted delay went beyond 15 to 30 days.

"I don't know what the administration is planning to do. If the administration is planning to say we want 15 to 30 days without any kind of due process, then I think that's going to be a hard sell," Craig said on "This Week."

Today, just happens to be 15 days, the lower end of the range Craig proposed.